State best in US for giving children a voice in court

The study, which gave Massachusetts an A+ with the highest score of 104 points, showed that the Commonwealth goes further than other states in guaranteeing that a child’s voice is heard on issues such as custody, visitation, and foster care. Only when a child’s view is vigorously represented in court - alongside the views of the parents and the state - does a judge receive the most complete input to make the best decisions for the child’s future, said Amy Harfeld, executive director of First Star, one of two national child advocacy groups that conducted the study.

Referring to states such as Maine, New Hampshire, North Dakota, and Kentucky, which got D or F grades, Harfeld said children are “herded through the system without a strong voice to advocate on their behalf.’’

Connecticut also received an A+, though with a slightly lower score of 103 points. Rhode Island received a B.

Gail Garinger, a former juvenile court judge who holds the position of child advocate for the state, said Massachusetts’ high ranking shows that lawmakers here “take children’s rights seriously.’’ She said she hopes the state can afford better pay and training for lawyers who serve as child advocates. Most court-appointed lawyers for children receive $50 an hour.

Harfeld acknowledged that “one of the most sensitive’’ issues that states face is the age at which a child is considered competent to give meaningful input in court and what obligations a court-appointed lawyer has to reflect a child’s view if the attorney disagrees with it. In many states, lawmakers allow nonlawyer advocates to represent a child and might not require that they essentially echo what the child says.

In Massachusetts, a lawyer who represents very young children, who cannot verbalize their feelings, must represent what the attorney “believes’’ the children would say. And a lawyer who disagrees with a child has the option of asking a judge to appoint an advocate to further examine what is in the child’s best interests. Harfeld said people too often dismiss a child’s view.

“Some 5-year-olds do know what is best for them,’’ she said.

The report, also prepared by the Children’s Advocacy Institute at the University of San Diego School of Law, judged states on how fully the child’s lawyer was involved in the case at every stage and the amount of training required for lawyers who handle this kind of litigation.

Researchers gave extra credit to states that limit caseloads. In Massachusetts, the Committee for Public Counsel Services, which handles court-appointed lawyers for children in such cases, allows no more than 75 cases to be handled by a lawyer at one time, said Michael Dsida, deputy chief counsel for the children and family law division.

Dsida said Massachusetts has a history of embracing the importance of lawyers for anyone who needs one - including mandating court-appointed lawyers for indigent criminal defendants before the federal government required it. He said he was delighted to see that Massachusetts fared well in requiring lawyers for children; however, “in the end, what matters is the quality of the advocacy children receive day in and day out.’’

Patricia Wen can be reached at wen@globe.com.